MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 July 2000                  
	DOCKET NUMBER:    AR1999032522

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his separation document (DD Form 214) be corrected to show that he was awarded the Combat Infantryman Badge (CIB).

APPLICANT STATES:  That he was assigned to Company D, 3rd Battalion, 12th Infantry, 4th Infantry Division as a radio tech operator and rifleman, and as such came under enemy fire during search and destroy missions of the command.  He received the Army Commendation Medal with “V” Device for action against the enemy while in the Republic of Vietnam.

In support of his request, he has included a copy of the general orders awarding him the Army Commendation Medal with “V” Device and a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 20 December 1967, was awarded military occupational specialty (MOS) 36E, field wireman, and served in Vietnam from December 1968 to December 1969.  His Enlisted Qualification Record shows that in Vietnam he served in duty MOS 36E with Company D, 3rd Battalion, 4th Infantry Division.  He was honorably discharged at the completion of his term of service on 9 December 1970 in the grade of private first class.

His awards include the Army Commendation Medal with “V” Device, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device and the Expert Badge with Rifle Bar. 

The applicant’s DD Form 214, which he authenticated at the time of his separation from active duty, does not show that he was awarded the CIB.  His Enlisted Qualification Record contains no reference to his serving as an infantryman during his Vietnam tour of duty or of his being awarded the CIB.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch, US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G and 11H.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence of record shows that during his Vietnam service he was assigned in duty MOS 36E.  There is no evidence that he was ever awarded or served as an infantryman (MOS 11B, C, F, G, or H) which is a necessary prerequisite for award of the CIB.

2.  Although the general order awarding him the Army Commendation Medal with “V” Device states “…distinguished himself while serving as a rifleman…” there is no evidence that he was an infantryman or that he served in such a capacity on other than an isolated occasion.  His record clearly shows that during his assignment with Company D, 3rd Battalion 4th Division in Vietnam his principal duties were switchboard operator, radio telephone operator and wireman, all of which are MOS 36E, field wireman, related duties.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999032522	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000403	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.01		
2.		
3.		
4.		
5.		
6.